Complaint #201603090,
April 3, 2016

Summary

On April 3, 2016, at approximately 4:20 p.m., at [redacted] in Manhattan, [redacted] was working at a food cart that belongs to his friend when the wind caused his umbrella to detach from the cart. The umbrella hit and cracked the windshield of a parked vehicle belonging to [redacted]. [redacted] called 911 to report the incident, and PO Peter Marter and PO Timothy Finn of the 10th Precinct arrived at the scene. PO Marter and PO Finn stopped [redacted] (Allegations A and B). PO Marter and PO Finn each told [redacted] that if he did not pay [redacted] for the windshield, he would go to jail (Allegations C and D). [redacted] said that he did not have the money to pay [redacted] and PO Marter allegedly said, "What the fuck did you do all morning?" (Allegation E). PO Marter said he was going to take [redacted] cart (Allegation F). PO Finn stated, "It's either [you pay], or you're coming with me in handcuffs, and you're not getting out until fucking Saturday next week," and allegedly stated, "We get tired of these pieces of shit in the street," and "You're going to pay the fucking money now or you're going to stay in jail until next week," (Allegation G for discourtesy; threat of arrest is subsumed in Allegation D). PO Finn placed [redacted] in handcuffs and told him he was under arrest (subsumed in Allegation B). PO Finn then frisked and searched [redacted] (Allegations H and I). As he searched him, he retrieved [redacted] cell phone from the back left pocket of his pants. PO Finn allegedly deleted the video on the phone before placing the phone inside of [redacted] jacket (Allegations J, K and L). PO Marter is cited for failing to prepare a memo book entry (Allegation M). [redacted] then said he would pay [redacted] and PO Finn released him from the handcuffs. [redacted] paid [redacted] and was neither arrested nor issued a summons. Read report for details.